In need of desperate help help - I received a concerns letter
goes like this: - what are they expectin me to do---
I have reviewed your application for a permanent resident visa as a member of the family class. I have concerns that you do not meet the requirements for immigration to Canada.
Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.
Paragraph 117(9)(d) of the Immigration and Refugee Protection Regulations states that no foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.
Based on the information you submitted with your current application, it appears that you and your sponsor have been cohabiting in a conjugal relationship since at least 2007. You appear to have been cohabiting in the USA for 3 years , and I have information that you have continued cohabiting in Canada since 2011.
Your sponsor became a permanent resident of Canada on March 26, 2009. At the time, she declared that she had no family members (spouse, common-law partner, or dependent children), whether accompanying or not. Given that it appears you were the common-law partner of your sponsor at the time she became a permanent resident, and since your sponsor did not have you examined as part of that application, you would therefore be excluded from applying for immigration in the family class.
Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of the application. Please quote your complete application number on your correspondence and address your correspondence to CPP-Ottawa at the address indicated below.
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